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One county made an arrest for auto theft. Can a warrant be issued for the same charges in a different county?

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larrygates eNotes educator | Certified Educator

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On the surface, I would suspect that the situation presented constitutes double jeopardy, which is prohibited by the 5th Amendment to the Constitution. However, your question does not provide sufficient information for a clearer answer. Was there only the single theft? Double jeopardy applies only if a defendant is charged twice for the same offense. It is possible that the perpetrator in this instance committed more than one offense by a single act. For instance, one who shoots another may be charged with both murder and the unlawful discharge of a weapon--one act, two offenses. So, all things being equal, there being only the theft of the automobile, it not being the property of some governmental agency or no other special exegent circumstances, I would say that one warrant or the other must fall. I should add that one could not seek to dismiss either warrant until one has been placed on trial. Jeopardy only attaches when one is put on trial. At that point, the succeeding warrant should be dismissed.

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